04/25/2008
Tuesday was the last day to file bills, so there was a flurry of activity this week in the Legislature.
Bills filed this week
Employee paid leave bill filed
House Bill 1323 by Rep. Herbert Dixon (Alexandria) would mandate employers with 20 or more employees to give 16 hours of paid leave to each employee annually for school-related activities. It also would require that employers inform workers of their right to take parental leave through an employee handbook distribution or other written notice. NFIB opposes this bill.
Misnamed patient protection bill
HB 1327 by Rep. Erich Ponti (Baton Rouge), called the Pharmacy Patient Protection Act, would have the Department of Health and Hospitals establish standards and licensing for pharmacy benefit managers, which would include a $1,000 filing fee. Pharmacy benefit managers, or PBMs, are companies hired by health plans or employers to help control prescription drug costs. As always in the healthcare arena, additional regulations ultimately mean higher premiums as the added costs are passed down to the customer -- in this case, small business owners who provide health benefits to their employees. NFIB will oppose this bill unless it is amended so that it does not hurt small business.
What happened this week
Bill to overturn the Stelly tax plan moves to Senate floor
Senate Bill 87 by Sen. Buddy Shaw (Shreveport) would restore the individual income tax rates as well as the deduction for federal itemized deductions to their levels before the so-called Stelly tax-reform plan was enacted in 2002. If the bill passes, people in the $25,000-$50,000 income range may save hundreds of dollars annually.
Not surprisingly, the bill was amended on the Senate floor to delete the language that would have immediately restored the federal itemized deductions. NFIB supports SB 87; our members opposed the Stelly plan six years ago.
Healthcare mandates heard in committee
HB 543 by Rep. Juan LaFonta (New Orleans) would have mandated health insurance coverage of the HPV vaccine. NFIB/Louisiana State Director Renee Baker testified in opposition to the bill, which was involuntarily deferred by a vote of 6-2. Those voting for the bill were Reps. LaFonta and Roy. Those voting in support of NFIB's position to kill the bill were Reps. Kleckley, McVea, Anders, Monica, Talbot and Cortez.
Two other bills that were filed as mandates were HB 512 by Rep. Karen Peterson (New Orleans) and HB 925 by Rep. Page Cortez (Lafayette) would have mandated coverage for mammograms and family therapy, respectively. Those bills were amended in committee, so they will not be harmful to business. NFIB will continue to monitor both bills.
HB 383 by Rep. Bernard LeBas (Ville Platte) would have required health insurance issuers to pay local sales and use tax on prescription drugs. NFIB opposes the bill because prescription prices are negotiated under contract by the providers and issuers. If this bill passes, there is a possibility this additional cost could be shifted to the business community. The bill was sent to the House Ways and Means Committee for a hearing.
Unemployment bills filed
HB 1165 by Rep. Avon Honey (Baton Rouge) and SB 714 by Sen. Steve Scalise (Harahan) would increase weekly unemployment benefit payments by 10 percent and reduce the amount of money employers pay into the state unemployment insurance trust fund by the same amount as long as the fund stays at $1.4 billion. Currently, the fund has $1.43 billion. NFIB is reviewing the bill to see whether it would help or hurt small business owners.
NFIB has endorsed Scalise in the First District Congressional race. As a state legislator, he has a 99 percent NFIB lifetime voting record. He has played a key role in passing commonsense legislation that has helped lower the cost of doing business in Louisiana.
Documented workers to go high-tech
As filed, HB 1097 by Rep. Joe Harrison (Labadieville) would require unauthorized immigrants to obtain biometric ID cards in order to work in the state. When he presented his bill in committee, however, Harrison said he wanted to amend the bill to apply to documented rather than undocumented workers. The bill would require employees to obtain the card at a cost of $5 each. NFIB is monitoring this legislation to ensure the responsibility for buying the cards doesn't fall to employers.
On the horizon
Hospital bill bad for small business
HB 859 by Rep. Jeff Arnold (New Orleans) would let hospitals that are part of a hospital service district to jointly negotiate with health insurers. NFIB will oppose this bill on Monday in the House Commerce Committee on grounds that it would create an anti-competitive environment that would raise medical costs paid by health plans, employers, and consumers. As with any measure that raises the premiums for small business, we will work diligently to kill this bill.
Mandates of the week
HB 562 by Rep. Karen Peterson (New Orleans) would require health insurance coverage of contraceptives and contraceptive services. NFIB opposes this mandate, which would make health insurance more expensive for small businesses.
HB 958 by Rep. Franklin Foil (Baton Rouge) would require health insurance coverage of the diagnosis and treatment of autism spectrum disorders in individuals under 21. Please contact the House Insurance Committee members and ask they vote against HB 958. The committee members are Reps. Anders, Cortez, Franklin, Kleckley, LaFonta, McVea, Monica, Pearson, Roy and Talbot. Small business understands that mandates are all well intentioned, but small business can not afford the piling on of mandates, which increase the cost of your premiums. This may cause a small business owner to stop offering coverage to their employees' altogether.
Class action lawsuit bill
HB 568 by Rep. LaFonta would open the door to more class-action lawsuits. HB 568 would, for the first time, permit class-action lawsuits under Louisiana's Unfair Trade Practices & Consumer Protection Law, though the Consumer Protection Law already provides that a prevailing plaintiff is entitled to recover attorneys' fees and legal expenses in every case. The bill is scheduled to be heard in House Civil Law on Tuesday. NFIB will oppose it.
Tax bills
HB 612 by Rep. Hunter Greene (Baton Rouge) would remove the occupational license tax imposed on printers, lithographers, lawyers, accountants, oculists, physicians, osteopaths, dentists, chiropodists, bacteriologists, veterinarians, chemists, architects and engineers. The bill is scheduled to be heard in the House Ways and Means Committee on Tuesday. NFIB supports legislation that removes unnecessary taxes on small business, which only impede their ability to grow and expand.
HB 747 by Rep. Joel Robideaux (Lafayette) would prohibit any taxing authority from entering into a contingency fee contract with a private auditing firm. The bill is scheduled to be heard in House Ways and Means on Tuesday. Please let your legislator know that you support this bill. Your tax bill does not need an additional fee from a contingency fee contract.
Illegal immigrant bills
HB 24, HB 26 and HB 77, all by Rep. Brett Geymann (Lake Charles), address the issue of illegal immigrant. HB 24 deals with harboring an illegal immigrant, HB 26 deals with transporting an illegal immigrant and HB 77 deals with providing fraudulent documentation. NFIB's position is that those who break the law should absolutely pay the consequence, though we always watch these bills to ensure that small business is not singled out and excessively fined or put out of business over an uncertainty. They are all scheduled to be heard in House committee on Wednesday.
Hang up and drive
HB 852 by Rep. Austin Badon (New Orleans) passed the House floor this week and will restrict the use of a cell phone while driving and only allow drivers to use a hands free device.
Small Business Day at the Capitol will be May 14.
NFIB/Louisiana expects small business owners from around the state to attend this year's event. Take the opportunity to become more informed about small business issues as you will hear from Labor Secretary Tim Barfield, Insurance Commissioner Jim Donelon, Economic Development Commissioner Stephen Moret, Treasurer John Kennedy and House Speaker Jim Tucker. Big labor and big business have droves of people representing them everyday at the Capitol. Make the small business presence known and register now by contacting Administrative Assistant Ashlynne Simien at 225-298-1225.
Make plans to attend the 2008 Small-Business Summit in Washington, D.C.
Any independent business owners who want to grow their businesses and influence lawmakers should join us for this year's small business conference June 8-11 in Washington, D.C. We're inviting the top three presidential candidates as well as other important political leaders and decision makers. We need to have Louisiana well represented at this year's event. Register online at www.NFIB.com/summit.
Useful links 
Louisiana State LegislatureLouisiana Department of Economic Development -- Small Business ResourcesLouisiana Small Business Development Centers Louisiana Small Business Employee TrainingSmall Business Administration -- Louisiana
